MUNICH HIGHER REGIONAL COURT CONFIRMS THAT NAMES SUCH AS "CUBA" AND "HAVANA" ARE INADMISSIBLE FOR CIGARS FROM A DIFFERENT ORIGINS


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Posted

 

La Habana, June 22nd, 2023

 

Corporación Habanos, S.A., also known as Habanos, S.A., a world leader in the marketing of premium cigars, welcomes the decision of the Munich Higher Regional Court which, like the court of first instance, ruled that "Cuba", "Havana" and their derivatives are geographical appellations of origin with a distinct reputation in relation to cigars and therefore, enjoy correspondingly extended protection under trademark law.

 

The legal dispute was triggered by the indiscriminate use of terms such as "Habano Seed", "Piloto Cubano", "Habano wrapper", "Habano wrapper from Ecuador", "Habano seed wrapper from Ecuador" or "Binder Habano Jalapa - Nicaragua" to publicize cigars from other origins, which is why Habanos, S.A. filed a lawsuit in 2020 to defend the protected appellations of origin of its emblematic products.

 

The appeal ruling confirmed that the use of such terms is inadmissible because a seed originally grown in Cuba that has multiplied elsewhere over several growing cycles does not have the genetic characteristics and climate and soil conditions that influence the properties and quality of Cuban tobacco. 

 

The Court also stated that the island of Cuba and its capital, Havana, have a strong reputation connected to the quality of cigars and their components, due precisely to the conditions that the island possesses, the selection of processed tobaccos and the method of production. Smokers and non-smokers around the world associate appellations of origin with prestigious products, and this is confirmed by the Munich Court in its ruling. 

 

Both courts agreed that expressions such as "Semilla de Habano", "Piloto Cubano" or "Habano Deckblatt" unfairly undermine this distinctive reputation, even if they are accompanied by terms such as "from Ecuador" or "Jalapa - Nicaragua". 

 

The Court of Appeal concluded that the use of such expressions in dispute referring to the protected appellations of origin "Cuba" and "Havana" is intended to take advantage of their reputation and prestige, and thus transfer the idea of quality to products from a different origins.

 

Habanos, S.A. claims that Cuban seeds are grown exclusively in Cuba for tobacco production and their export is prohibited. In addition to the seeds, other factors such as climate, soil, traditional craftsmanship and the unique knowledge of Cuban tobacco growers give Habanos their special reputation. 

 

An appeal was brought to the Supreme Court of Justice, which is the final court of appeal. However, Habanos, S.A. expects this Court to uphold the two previous rulings.

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Posted
1 hour ago, BoliDan said:

My thoughts too. Like protecting the name "Bourbon" to only included if the spirit was made in Kentucky. NCs using Cuba for marketing has always perturbed me. 

They'll have to use the Latin strain names instead "Habano 2000" leaf.

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Posted
6 hours ago, BoliDan said:

My thoughts too. Like protecting the name "Bourbon" to only included if the spirit was made in Kentucky. NCs using Cuba for marketing has always perturbed me. 

Agreed. It would be different if it were a city ( Greenville for instance in the US ) there are tons of them. Same with Bourbon. I have tried other " bourbons" not from KY. No thanks. Went to a distillery in St. Augustine. Wow. Rot Gut.

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Posted
6 hours ago, Nevrknow said:

Agreed. It would be different if it were a city ( Greenville for instance in the US ) there are tons of them. Same with Bourbon. I have tried other " bourbons" not from KY. No thanks. Went to a distillery in St. Augustine. Wow. Rot Gut.

quality of bourbon outside Kentucky may be a fair debate but legally, made anywhere in the USA is okay, provided 51% corn. 

 

14 hours ago, BrightonCorgi said:

Seems reasonable and in line with similar protected wine regions and terms.

the really interesting one will be prosecco. Australia and Italy currently at odds and in various international courts. the potential for utter international chaos if the disgraceful attempt at an end run around history and legitimacy by the Italians is successful is massive. 

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Posted
14 hours ago, Cigar Surgeon said:

That will be a very interesting ruling to watch for the NC industry as Cuba and Habana/Havana are terms that are frequently used with NC brands.

     *Remember, our cigar companies here like General Cigar helped themselves to Cuba's cigar brand names like Cohiba, Montecristo, Ramon Allones, ad infinitum for their Nicaraguans and Dominicans :mellow:

    

Posted

Fair enough. Protected designation of origin exists for regional foods too. Well in Europe anyways. You can't call it Feta for example!

And so in Germany then in this case. Well it's a start.

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